2006 Alabama Code - Section 34-17A-6 — Creation of board; composition; vacancies; removal.

(a) There is created the Alabama Board of Examiners in Marriage and Family Therapy. The board shall consist of five members appointed by the Governor. In appointing members to the board, the Governor shall select those persons whose appointments would ensure that, to the extent possible, the membership of the board reflects the geographic, gender, and racial diversity of the state as a whole. The board shall perform the duties and have the powers as prescribed and conferred by this chapter. No member of the board shall be civilly liable for any act performed in good faith for the performance of his or her duties as a member of the board.

(b) Within 30 days after April 4, 1997, the Board of Directors of the Alabama Association for Marriage and Family Therapy shall submit a list of qualified candidates for the board to the Governor. The list shall contain names of at least two citizens from the general public, two qualified marriage and family therapy educators, and six qualified practicing marriage and family therapists. Within 60 days of receipt of the list, the Governor shall select the board from the list. The board shall consist of one citizen from the general public, one marriage and family therapy educator, and three practicing marriage and family therapists. If the Governor does not appoint members to the board within the 60-day period, the Board of Directors of the Alabama Association for Marriage and Family Therapy shall submit a new list of qualified candidates to the Governor within 15 days of the expiration of the Governor's initial appointment period. The Governor shall appoint members to the board from that list within 30 days after receipt of the list. The initial appointments to the board shall be for the following terms: The term of one of the practicing marriage and family therapists shall be one year; the term of one of the practicing marriage and family therapists and the public member shall be three years; and the term of one of the practicing marriage and family therapists and the marriage and family therapy educator shall be five years. Thereafter, the term for each successor member shall be for five years.

(c) The professional membership of the board shall be licensed pursuant to this chapter, except that the initial professional members shall be members who have been rendering marriage and family therapy services for at least five years, or who have been giving instruction in marriage and family therapy in a regionally accredited institution of higher learning for at least five years.

(d) Vacancies on the board shall be filled for the remainder of the unexpired term. Members of the board shall serve until their successors are appointed and have qualified. Board members shall be ineligible for reappointment for a period of three years following completion of their term.

(e) Subsequent appointments to the board shall be made by the Governor as provided in this subsection. Not later than October 1 of each year, the Board of Directors of the Alabama Association for Marriage and Family Therapy shall submit to the Governor the names of two qualified candidates for each position on the board to be vacated by reason of expiration of a term of office. From the two candidates, the Governor shall appoint one member not later than January 1 to serve on the board for a term of five years. Other vacancies occurring on the board shall be filled for the unexpired term by appointment of the Governor from two candidates for each vacancy submitted by the board within 30 days after the vacancy occurs. The appointments shall be made within 30 days after the names of the candidates have been submitted. Composition of the board shall consist of one public member, one marriage and family therapy educator, and three practicing marriage and family therapists.

(f) The Governor may remove a member of the board only for neglect of duty, malfeasance, or conviction of a felony or crime of moral turpitude while in office. Notwithstanding the foregoing, no member may be removed until after a public hearing of the charges against him or her, and at least 30 days prior written notice to the accused member of the charges against him or her and of the date fixed for the hearing. No board member shall participate in any matter before the board in which he or she has a pecuniary interest, personal bias, or other similar conflict of interest.

(Acts 1997, No. 97-170, p. 247, §6.)

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